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Findings - PZ - 2015 - RZ-10-15 & PP-07-15 - Rz From Mu To Mu-Da/Eagle Lakes Subd/301-Unit/75 Acre SiteBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A REZONE WITH A DEVELOPMENT ) AGREEMENT IN LIEU OF A PUD, AND ) PRELIMINARY PLAT FOR EAGLE LAKES ) SUBDIVISION FOR PACIFIC PARTNERS ) RESIDENTIAL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ -10 -15 AND PP -07 -15 The above - entitled rezone with development agreement in lieu of a PUD and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on September 21, 2015, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. The Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Pacific Partners Residential, represented by Kasey Ketterling with T -O Engineers, Inc., is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement in lieu of a PUD, including a height exception) and preliminary plat approvals for Eagle Lakes Subdivision, a 301 -unit, 80 -lot (51- single - family, 6- multi - family [consisting of 250 - units], 12- commercial, 10- common, and l- private street) subdivision. The 75 -acre site is generally located on the south side of State Highway 44, approximately 1,124 -feet west of the intersection of State Highway 55 and State Highway 44. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on -site at 6:00 PM, on Thursday, May 21, 2015, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on June 12, 2015. A revised preliminary plat was provided on September 2, 2015. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 31, 2015. Notice of this public hearing was mailed to property owners within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 26, 2015. Requests for agencies' reviews were transmitted on June 24, 2015, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with Eagle City Code on September 4, 2015. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NIA E. COMPANION APPLICATIONS: FPDP -01 -15 — A floodplain development permit to allow for site development within the area of special flood hazard. On August 28, 2015, the Floodplain Development permit was approved by the Floodplain Administrator. Pagel of 41 K TImming DqM agle ApplicationsMBSl20I5Tagte Lakes sub pddoc F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE: See justification letter dated September 2, 2015 (attached to the staff report), provided by the applicant's representative. G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: The applicant is requesting a development agreement (in lieu of a PUD). The development agreement is to address reductions in minimum lot size, setbacks, easements, and other deviations from standard requirements in the MU (Mixed Use) zone. H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: 1. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. J. SITE DATA: Total Acreage of Site — 75.00 -acres Total Number of Lots — 80 Residential — 57 (51 single- family, 6 multi - family) Commercial — 12 Industrial — 0 Common — I 1 (inclusive of private street) Total Number of Units - 301 Page 2 of 41 K TWining DepITAllo Appliu110ASMMS1201$\Eagle LAket Sub pddoc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use, Floodway, MU (Mixed Use) Vacant parcel and Scenic Corridor Proposed No Change MU -DA (Mixed Use with Mixed use development Development Agreement [in including commercial, lieu of a PUD]) retail, single- family, multi- family residential. North of site Business Park BP (Business Park) and MU State Highway 44, mobile (Mixed Use) home park, and office building South of site Floodway and Eagle RP (Rural Preservation — Ada Boise River and vacant Island Special Use Area County designation) parcel East of site Mixed Use, Floodway, MU (Mixed Use) Concrete business (Idaho and Scenic Corridor Concrete Company) West of site Mixed Use, Floodway, MU -DA (Mixed Use) Proposed Tennis Club and Scenic Corridor Plaza and Renorvare Subdivisions 1. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. J. SITE DATA: Total Acreage of Site — 75.00 -acres Total Number of Lots — 80 Residential — 57 (51 single- family, 6 multi - family) Commercial — 12 Industrial — 0 Common — I 1 (inclusive of private street) Total Number of Units - 301 Page 2 of 41 K TWining DepITAllo Appliu110ASMMS1201$\Eagle LAket Sub pddoc Single - family — 51 Duplex — 0 Multi- family -- 250 Total Acreage of Any Out - Parcels — 0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 5.8- dwelling units per acre Up to 20 -units per acre maximum* Minimum Lot Size 6,166- square feet 5,000- square feet Minimum Lot Width 50 -feet 50 -feet Minimum Street Frontage 0 -feet 0 -feet Total Acreage of Common Area 36.10 -acres 14.16 -acres Open Space Percent of Site as Common Area 51% 20% Open Space Except that, according to ECC Section 9 -3 -8 (C) the City may require additional public and /or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * Based on the residential area with the floodway and commercial areas deducted. K. GENERAL SITE DESIGN FEATURES: Greenbelt /Pathway Areas and Landscape Screening: The preliminary plat, date stamped by the City on September 2, 2015, delineates a ten -foot (10') wide paved regional pathway (public access) located within a twenty-five foot (25') wide Boise River regional pathway access easement located adjacent to the North Channel of the Boise River. The preliminary plat also identifies a 10 -foot wide sidewalk located adjacent to State Highway 44. The preliminary plat also shows an eight -foot (8') wide private micro - pathway starting at the terminus of South Ancona Avenue continuing from east to west adjacent to the ponds and then continuing south to the southern portion of the development and connecting to the ten -foot (10') wide paved regional pathway (greenbelt pathway). The micro - pathway is located within commercial and multi - family buildable lots. The preliminary plat also shows a ten -foot (10') wide sidewalk located adjacent to State Highway 44. It is unknown if the applicant is proposing any public access through the site for access to the Boise River greenbelt. Open Space: A total of 38.53 -acres (inclusive of the private street common lot [Lot I, Block 4]) of open space is proposed within the development. The common lots area minus the private street lot is 36.10 -acres in size and consists of ten (10) common lots. Lot 9, Block 5, contains the floodway area, a large Page 3 of 41 K Tlanning Dep11Emg1e App' calic-:s +5URS12015\ ogle Likes sub pxfdoc pond, and the proposed ten -foot (10') wide paved regional pathway (greenbelt pathway). Lot 3, Block 1, and Lot 3, Block 5, contain buffer areas located adjacent to East Riverside Drive. Lot 1, Block 5, also contains a large pond. The remaining six (6) common lots provide a small amount of open space area one (1) of which is located at the intersection of Pacific Avenue and State Highway 44, and the remaining five (5) located within the area where the single - family residential lots are located. Most of the amenities (i.e. swimming pool, clubhouse, firepits, playgrounds, and shelters) associated with the development will be located within the multi - family buildable lots. A minimum of 20% open space is required except that per Eagle City Code, Section 9 -3 -8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Commercial Area: The preliminary plat conceptual site plan, date stamped by the City on September 2, 2015, shows two commercial areas located in proximity to the northwest corner of the development containing a total of 12- commerial lots. The commercial area located south of East Riverside Drive delineates buildings and parking spaces, however, it does not identify the size or proposed uses of the buildings. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC &R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code Section 9 -3 -6 requires utility easements to be not less than 12 -feet wide. All utilities including power are required to be placed underground. Fire Hydrants and Water Mains: The preliminary plat shows 16 -fire hydrants located within the subdivision. The hydrants should be installed and approved as required by the Eagle Fire Department. The proposed development is located within the Eagle Water Company water service area. On -site Septic System (yes or no) — Yes The preliminary plat natural features map, date stamped by the City on September 2, 2015, shows an existing structure and associated site work to be razed. The existing structure (residence) is served by an existing septic system. The septic system should be abandoned and the applicant should provide documentation that the septic system was abandoned in accordance with the requirements of the Central District Health Department. Pressurized Irrigation: The development will have a pressurized irrigation system with water supplied by the New Union Ditch Company. The applicant submitted a pressurized irrigation report that meets the requirements of the City of Eagle Pressure Irrigation Standards (EP1S). Preservation of Existing Natural Features: Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, Page 4 of 41 K Tlanning deptTA& ApplicalionslSUBSU0151Eagle t ekes Sul- pxf d,: L. watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. if any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. STREET DESIGN: Private and Public Streets: (The street sections described are based on the preliminary plat date stamped by the City on September 2, 2015). The street section for East Riverside Drive shows a 50 -foot wide right -of -way inclusive of a 46- foot wide roadway section (as measured from back of curb to back of curb) with vertical curbs and a two -feet wide section of the eight -foot (8') wide landscape strip on each side of the street. The street section also shows the remaining six -feet of the landscape strip located on each side of the right -of -way and a five -foot (5') wide sidewalk on one (1) side of the street and a five to ten -foot (5 -10') wide sidewalk located on the opposite side of street. The street section for South Ancona Avenue extension shows a 40 -foot wide right -of -way inclusive of 36 -foot wide roadway section (as measured from back of curb to back of curb) with vertical curbs and a two -foot (2') wide landscape strip located on each side of the street. One (1) side of street also consists of a six -foot (6') wide landscape strip, a five -foot (5') wide detached sidewalk and two (2) additional feet in width located within an ACHD sidewalk easement located outside of the right -of -way area. The street section for the private streets serving the single- family lots shows a 50.5 -foot wide street section inclusive of a 28 -foot wide roadway section (as measured from back of curb to back of curb) with 18 -inch wide modified ribbon curb /gutter and a six -foot (6') wide planter strip located on each side of the roadway. The private street section also shows five -foot (5') wide detached sidewalks located on each side of the street with .25 -feet located behind each sidewalk. The sidewalks are located within the individual lots. The sidewalks are separated from the street by an eight -foot (8') wide planter strips. The private street section located in proximity to the well lot (Eagle Water Company) shows a 35- foot wide street section inclusive of 25 -foot wide roadway section (measured from back of curb to back of curb) with a two -foot (2') wide vertical curb located on each side of the street and a five - foot (5') wide attached sidewalk located on one (1) side of street adjacent to the well lot. The street section also shows .50 -feet located behind the sidewalk and behind the vertical curb on the other side of the street. Blocks Less Than 500': None Cul -de -sac Design: The preliminary plat, date stamped by the City on September 2, 2015, shows two (2) cul -de -sacs located within the proposed development. The proposed lengths of the cul -de -sacs is in conformance with Eagle City Code. The preliminary plat does not show a street section for the proposed cul -de -sac, however the preliminary plat shows the cul -de -sac with a landscape island and approximately 100 -feet in width from curb -to -curb. Pursuant to Eagle City Code the pavement area width within a cul -de -sac is required to be 40 -feet in width between the landscape island and the outer edge of the street. The design of the cul -de -sac is in conformance with Eagle City Code. Page 5 of 41 K Thming DcplkErgle Applicatioml5i MU015Tagle Ickes Sub psf dnc Sidewalks: A detached five -foot (5') wide sidewalk is proposed abutting the planter strips located on both sides of the streets with the exception of South Ancona Avenue south of East Riverside Drive. The applicant is also proposing a ten -foot (10') wide sidewalk located adjacent to State Highway 44. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the public and private interior streets. Lighting: Lighting for the proposed public and private streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. M. ON AND OFF -SITE PEDESTRIAN /BICYCLE CIRCULATION: Pedestrian Walkways /Pathways: The preliminary plat conceptual site plan, date stamped by the City on September 2, 2015, shows an eight foot (8') wide micropath connecting at the cul -de -sac terminus of South Ancona Avenue traversing the site from east to west around Pond #1 and traveling south between Pond 4s 1 and 2 and the multi - family area then connecting into the Boise River 10' Paved Regional Pathway (as identified on the concept plan). The concept plan also shows several smaller pathways located within the multi- family area that provide connectivity from sidewalks to the eight -foot (8') wide micropath. Bike Paths: Eagle City Code section 9 -4 -1 -7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right -of -way or separate easement, as may be specified by the City Council. N. PUBLIC USES PROPOSED: The preliminary plat concept plan, date stamped by the City on September 2, 2015, shows a 10- foot wide greenbelt pathway (identified as Boise River 10' Paved Regional Pathway [Public Access]) located adjacent to the southern boundary of the development and the Boise River. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The narrative provided by the applicant, date stamped by the City on July 30, 2015, indicates that potable water will be provided by Eagle Water Company from two (2) municipal wells that are located within the site. Municipal sewer service will be provided by Eagle Sewer District. A pressurized irrigation system will provide irrigation water to the residential lots and irrigation areas within the development. The pressurized irrigation system will be supplied by the New Union Canal. Page 6 of 41 K Tlming PepiWASIe Applicalion&MMSMI5Eagle Lakes Sub pzf doe Q. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern — Yes — See Environmental Assessment Plan Evidence of Erosion —None identified to date Fish Habitat — Yes — Boise River and ponds located on -site Floodplain — Yes — Applicant has submitted a floodplain development permit (FPDP- 01 -15) Mature Trees — Yes — Located adjacent to the existing residence and within the floodway area Riparian Vegetation — Yes — located adjacent to the Boise River Steep Slopes —None identified to date Stream /Creek Yes — Boise River Unique Animal Life — None identified to date Unique Plant Life — Yes — Riparian areas located adjacent to the Boise River and existing ponds Unstable Soils —None identified to date Wildlife Habitat — Yes — Located adjacent to the Boise River R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: The Environmental Assessment Plan, date stamped by the City on June 12, 2015, indicated that the river corridors would be preserved and created to insure riparian area and wetland habitat would not decline. Wildlife species not capable of adapting to human development will leave the area while wildlife attracted to open water and trees would increase. The proximity of a proposed natural area adjacent to the river will play an important role in retaining and perhaps enhancing wildlife habitat within the City of Eagle. S. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letters dated August 18, 2015, are of special concern (attached to the staff report). Ada County Highway District Central District Health COMPASS (Communities in Motion 2040 Development Checklist) Eagle Fire Department Idaho Department Fish and Game Idaho Transportation Department Tesoro Logistics NW Pipeline T. LETTERS FROM THE PUBLIC: None received to date U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The preliminary plat, date stamped by the City on September 2, 2015, identifies the development as consisting of six (6) phases. The proposed phases consist of the following: Phase 1 —Single-family residential Phase 2 — Two (2) multi - family lots and a common lot consisting of a large pond (northern pond) Phase 3 — Two (2) multi - family lots Phase 4 — Ten (10) commercial lots located south of East Riverside Drive Phase 5 — Two (2) multi - family lots and a common lot consisting of a large pond (southern pond) Phase 6 — Two (2) commercial lots located north of East Riverside Drive The applicant has not provided a time schedule for development of six phases. Page 7 of 41 K Tlanning PepITAgle AppliationsLSLBSU015Tagle Lakes Sub prf.dm V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and /or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. d. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large - scale PUDs (incorporatingfifty (SO) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. Page 8 of 41 K /planning DepAEASle ApplicaldonsLSl]BSUO1 S1Eagle lakes Sub paf doe 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and /or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 20 units per I acre. Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration maps along the Boise River and Dry Creek (Generally shown on the Land Use Map which is a part of this Plan). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Also, the floodway areas shall not be considered as a part of the minimum area of open space required (as required within the zoning ordinance) unless developed as noted within this paragraph. Floodway areas shall be excluded from being used for calculating permitted residential densities. Any portion of the floodway developed as a substantially improved wildlife habitat area open to the public, or useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved by the City Council, may be credited toward the minimum open space required for a development. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the Federal Emergency Management Administration maps such that the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation show shall be considered to abut the actual floodway boundary. When new floodway boundaries are approved by FEMA and /or the City, the floodway area on the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 5 -1 -2: Rules and Definitions: APARTMENT: A room or suite of rooms in a multiple- family structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen facilities permanently installed. Page 9 of 41 K Ttanning Dcpt\E&g1a ApplicatianOSUBS5201 STagla Laken Sub pzrdoc CHILDCARE FACILITY: Any facility where children regularly receive care and supervision, usually unaccompanied by the children's parents, guardians or custodians, and regardless of whether the facility does or does not provide any instruction. This use excludes the case of: a) the operator's children or legal wards or children related by blood or marriage, b) occasional personal guests, and c) children aged twelve (12) years and over. Any home, place, or facility providing overnight custodial services for lodging or boarding for the occupants therein shall not be considered a childcare facility. There are three (3) types of childcare facilities: A. Family daycare home: A childcare facility for six (6) or fewer children. Babysitting services are an accessory use to residential uses. B. Group daycare facility: A childcare facility for seven (7) to twelve (12) children. C. Daycare center: A childcare facility for thirteen (13) or more children. COMMERCIAL ENTERTAINMENT FACILITIES: An establishment which is generally related to the entertainment field, the principal business of which is not the sale of alcoholic beverages. DWELLING, MULTI- FAMILY: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls. Multi - family housing may include public housing. DWELLING, SINGLE- FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. This classification includes manufactured homes and any home in which eight (8) or fewer supervised unrelated mentally and /or physically handicapped or elderly persons reside. EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property. HOTEL: Establishments offering rooms as lodging on a less than weekly basis to guests. Hotels typically have eating and drinking service and a dining room where meals are served. NURSING /CONVALESCENT HOME: Establishments providing care on a twenty four (24) hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. This classification also includes senior assisted living facilities with provisions for shared kitchen facilities and rooms with private bathrooms. PARKING LOT, PARKING GARAGE: Parking lots or garages offering short term or long ter} parking. RETAIL SALES: A. General: The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, video stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art antiques, art supplies and services, paint and wallpaper, carpeting and floor coverings, office supplies, bicycles, and new automotive parts and accessories (excluding services and installation). B. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting and floorcovering, new automotive parts and accessories and similar uses. C. Pharmacies and Medical: Establishments primarily selling prescription drugs, and medical supplies and equipment. Page 10 of 41 K Timing DepiTAS a ApplicalionsWBM20lStiF& Laka Sub pxrdoc STORAGE (ENCLOSED BUILDING): An enclosed building or group of buildings containing separate, individual, secured, and private storage spaces of varying sizes available for lease or rent for varying periods of time. • EagIe City Code, Section 8 -2 -1: Schedule of District Use Regulations: Single - family and multi - family dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning designation. • EagIe City Code, Section 8 -2 -4: Schedule of Building Height and Lot Area Regulations for the MU (Mixed Use) zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Sq. Width I* Ft.) G And H* MU 35' 20' 20' 7.5' 20' 7 15,000 1 50' G. All front load garages shaII be set back a minimum of 25 feet from the back of sidewalk • Eagle City Code Section 8 -2A -7: (J) Buffer Areas.'Common Lots: I . Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or waIIs). The purpose of such buffer space is to physically separate and visuaIIy screen adjacent Iand uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi - family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common Iot located between the residential Iots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shaII not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: a. Any road designated as an urban or rural coIIector on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50 %) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block waII, cultured stone, decorative rock, or similarly designed concrete wall, or Page 11 of 41 K TIAMMS Dept\Engk AppliatianASUBSl20151F & Lakes SL � ptf d.�_. combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete waII is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and /or unsightly fencing shall not be permitted. • Eagle City Code, Section 8- 7 -3 -3: Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. C. Special Developments: In the case of planned unit developments and large scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: a Eagle City Code, Section 9 -1 -6: Rules and Definitions: COMMON AREA OPEN SPACE: Land within a development, not individually owned or dedicated for public use (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street), or for use as private streets, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements (see definitions of Open Space; Open Space, Active; and Open Space, Passive). CUL -DE -SAC: A street connected to another street at one end only and provided with a turnaround space at its terminus. OPEN SPACE: A common area platted as a separate Iot (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a IocaI street) substantially open to the sky, exclusive of streets, commercial and residential buildings, and shaII be designated and intended as a usable and convenient amenity for the residences of any proposed development. OPEN SPACE, ACTIVE: Common area which includes, but is not Iimited to, athletic fields, buildings or structures for recreational activities including picnic areas, community garden, courses or courts, children's play area, dog play area, and pathways, excluding passive open space areas. Landscape buffer areas not required pursuant to subsection 8 -2A -7J of this title may be considered, in part, as active open space provided a pathway or other active amenity is located within and incorporated into the buffer area. Up to fifteen percent (15°.•'0) of the total area of water bodies (i.e., ponds) within a development may be considered active open space provided there is a finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and the like. OPEN SPACE, PASSIVE: Common area which includes, but is not Iimited to, landscaped buffer areas required pursuant to subsection 8 -2A -7J of this code (including the sidewalk within the buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies, excluding active open space areas. Page 12 of 41 K T uvong DeplEsgle AppKcn1ioosLSUBWD15WAS1c Lakes sub pzf doe • Eagle City Code, Section 9- 3 -2 -1: Location and Design G. Cul -De -Sac Streets: Cul -de -sac streets shall not be more than seven hundred fifty feet (750') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a Iandscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. The following exceptions may be considered by the council: 1. Alternative types of turnarounds for cuI -de -sacs which wiII provide access to less than thirteen (13) dwelling units may be permitted by the city if approved by the fire department and the highway district having jurisdiction. • Eagle City Code, Section 9- 3 -2 -5: Private Streets: Private streets may be permitted, in the discretion of the council, subject to the following: A. Compliance: Private streets may provide access to no more than ten percent (10 %) of the lots within a planned unit development provided the council determines that the private streets are in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development. 2. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. 3. The private streets shall provide adequate access for service and emergency vehicles. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. 5. The private streets do not IandIock adjacent property due to topography or parcel layout. b. Other than to provide emergency access, the private streets do not connect one public street to another, thereby encouraging travel through the development served by the private street. 7. The use or alignment of the private streets does not interfere with the continuity of public streets. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof. B. Construction And Design Standards: Private streets shaII conform to the following construction and design requirements: 1. All private street construction shall be in accordance with Ada County Highway District's structural standards for streets including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County Highway District's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. Page 13 of 41 K 4Plwung DepffAjoe ApplieuionsLSLMS 201 AFAgle Lakes sub pddoc 2. Except as may be otherwise set forth in this section, private streets shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as noted herein) and shall otherwise provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that are less than thirty four feet (34') in total width. 3. Sidewalks shall be required in accordance with subsection 9- 4 -1 -6F of this title. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel. 5. All private streets shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. All private streets shall originate in a public right of way and terminate in a public right of way, or at one of the following approved turnaround areas: a. A cul -de -sac designed in accordance with the provisions of subsection 9 -3 -2 -1 G of this chapter and subject to the approval of the Eagle fire district and city engineer and provided further that proper maintenance of the island is provided for; b. A hammerhead /tee type turnaround or as may be otherwise approved by the Eagle fire district and the city engineer; or c. Such other turnaround area as may be approved by the Eagle fire district, city engineer, and city council. 7. The design of all private streets and related storm drainage facilities shaII be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings, together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as aIIowing a private street that is not in conformance with current engineering and design standards. 8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shaII prevail, unless specifically determined otherwise by the city council. C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of and access to private streets as foIIows: 1. A plan and schedule for the future repair and maintenance of the private street and drainage facilities for the period of the expected lifetime thereof and a cost estimate Page 14 of 41 K Tlawng DW Eagla AppiiaL1OM%SM\20WE8g1e Lakes sub pzf dnc therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not Iimited to, the creation and maintenance of a reserve fund for that purpose, shaII be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location of the private street shaII be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shaII: a. Act to convey to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street; b. Provide that such perpetual easement shall run with the land; and c. Provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the city. A restrictive covenant for repair and maintenance of the private street shaII be recorded at the time of recording the plat which said covenant shall create a homeowners' /property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private street in accordance with the approved plan as provided for in subsection CI of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street, be deemed to have agreed to comply with any such order and to reimburse the city aII of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shaII be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive PIan: All private streets shall, in all respects, conform to all applicable components of the comprehensive plan. + Eagle City Code Section, 9 -3 -5: Lots: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8 -2 -4 of this code, except that lot sizes that vary from the standards within section 8 -24 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9 -3 -6: Easements: A. Unobstructed utility easements shaII be provided along front Iot Iines, rear lot lines and side lot lines. Total easement width shaII not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. Page 15 of 41 K Tlanning DepAEagle AppliutionASUBSN2DMEagle Lake Sub pxf doc B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be Iess than twelve feet (12% except that Iesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. Eagle City Code Section 9 -3 -7: PIanting Strips and Reserve Strips: Planting strips and reserve strips shall conform to the following standards: A. PIanting Strips/Buffer Areas: PIanting strips/buffer areas shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and to provide noise mitigation for those residents. Such planting strips/buffer areas shaII be a minimum of twenty feet (20') wide unless a greater width is required within section 8 -2A -7 of this code. The landscape strip/buffer area shaII not be a part of the normal street right of way and shaII comply with all landscape/buffer area requirements within section 8 -2A -7 of this code. • Eagle City Code Section 9 -3 -8: Public Sites and Open Spaces: Public sites and open spaces shaII conform to the foIIowing standards: C. Special Development: In the case of planned unit developments and large scale developments, the city council may require sufficient public and.-or private park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. • Eagle City Code Section 9- 4 -1 -8: Underground Utilities: Underground utilities are required. • EagIe City Code Section 9- 4 -1 -9: Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: All residential dwelling units shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the city council. The city has adopted supplemental standards and regulations (titled "Pressure Irrigation Standards ", incorporated herein by reference and available at Eagle city hall) pertaining to the design, construction and maintenance of pressurized irrigation systems. PIans and documents reflecting the required standards and regulations shall be submitted with the application for a preliminary plat. The following design requirements and the requirements provided within the supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These standards shall supplement all other regulations, and where at variance with other Iaws, regulations, ordinances or resolutions, the more restrictive requirements shall apply. The council may determine that revisions to the supplemental standards are warranted and make such revisions by act of a resolution. a. The pressurized irrigation system may have a backup connection to a potable water system with the approval of the city, city engineer, and the potable water purveyor, and the installation of a state approved reduced pressure backflow prevention assembly or an air gap separating the irrigation system and the potable water system. The operation, maintenance, associated costs, and annual inspection of the backup connection and the backup system's reduced pressure backflow Page 16 of 41 K Wlanning DtV\EJgle AppliotionsWBSUD151Eagle Lakra Sub pzf doe prevention assembly shall be the responsibility of the entities as determined in "Pressure Irrigation Standards" of this section. Individual backup connections to individual lots by individual Iot owners shall be prohibited with the exception of the common area lots owned and maintained by the homeowners' association. b. The pressurized irrigation system shaII be designed by a licensed professional engineer registered in the state of Idaho, and the construction plans for the system shall be reviewed and approved by the city engineer. • Eagle City Code, Section 9- 4 -1 -6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards shaII be followed: The paved portion of the pathway may range from six feet (6) to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shaII be a minimum eight feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where Iow volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be Iocated within a twenty foot (20') wide pedestrian access easement. A five foot (5') wide landscaped area/building and fence setback, as measured from both edges of the paved path, shaII be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The five foot (5') wide Iandscaped area on either side of the pathway may be decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway, however, the total width of the landscape area shaII not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3') in height. The Iandscape, fence and building regulations for this area shall be indicated by a note on the plat. F. Sidewalk Design: 1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County highway district. Sidewalks shaII be separated from the edge of the abutting roadway and /or back of curb by a minimum eight foot (8) wide Iandscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade class trees along aII streets within the subdivision. InstaIIation of landscaping shall be in accordance with section 8 -2A -7 of this code. The area within the eight foot (8') wide Iandscape strip may be counted toward the minimum required common area open space. 4. Trees shaII be placed at the front of each lot generally located on each side Iot line. Minor variations to the Iocation of a tree may be considered by the design review board during the review of the subdivision landscape plan. Page 17 of 41 K \Plinninµ Uepl t'a ;:e App. car on:W[M2c-IMole Lakes Sub pzrdoc 5. If sidewalk is required on one side of each street only (as provided for in subsection Fl of this section), then the trees on the side of the street with no sidewalk shaII be placed within five feet (5') of the edge of roadway. • Eagle City Code Section 9- 4 -I -8: Underground Utilities: Underground utilities are required. • Eagle City Code Section 9- 4 -I -12: Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8 -2A -7 of this code shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways /expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the Iocation of aII buffer areas. • Eagle City Code, Section 9 -5 -5: Large Scale Development Subdivision; Required Information Large scale development subdivisions proposed within the R -2, R -3, R4, and MU zoning districts shall be submitted as planned unit developments. Due to the impact that a large scale development would have on public utilities and services, the developer shaII submit the following information along with the preliminary plat: A. Identification of all public services that would be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection; B. Estimate of the public service costs to provide adequate service to the development; C. Estimate of the tax revenue that will be generated from the development; and D. Suggested public means of financing the services for the development if the cost for the public services would not be offset by tax revenue received from the development. • Eagle City Code, Section 9 -5 -7: Subdivision Within A Floodplain: In addition to the provisions of this title, any subdivision within the designated floodplain of the city shall comply with all applicable provisions of the floodplain regulations of the city as now in effect or as may hereafter be amended- D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 10 -1 -1: Findings of Fact and Purpose: B. Purpose: It is the purpose of this title to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1. To protect human life and health; 2. To minimize expenditure of public money for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges Iocated in areas of special flood hazard; Page 18 of 41 K V'rWng UeptT -SWe Applicauons151 W201 Slagle lakes Sub patdac 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard, wam that city review and approval is not going to prevent flooding and that flooding may occur, and advise of information available to the city regarding flood hazards, studies and available options; 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; 10. To restrict or prohibit uses which are injurious to health, safety or property in times of flood, which result in environmental damage, or that cause increased flood heights or velocities; 11. To minimize the impact of development adjacent to waterways on adjacent properties upstream, downstream and across waterways; 12. To review development plans for property adjacent to waterways to minimize the obstruction of the conveyance of floodwaters, review drainage /obstructions to flood carrying capacity, and guide development adjacent to waterways toward the most appropriate building envelope for its particular site; 13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare with regard to properties adjacent to waterways; 14. To review Iandscaping and access for flood carrying capacity and preservation or enhancement of riparian vegetation; 15. To aIIow the river and creeks and their adjacent lands to convey floodwaters to minimize property damage; 16. To regulate uses in the floodplain for the purpose of preserving, protecting, and enhancing the abundance and diversity of fish, wildlife and riparian resources; and 17. To protect, preserve and enhance the waterways and floodplains as a recreation resource. + EagIe City Code, Section 10 -1 -2: Methods of Accomplishing Purpose: In order to accomplish its purpose, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; • Eagle City Code, Section 10 -1 -5: Rules and Definitions: AREA OF SPECIAL FLOOD HAZARD: The Iand in the floodplain subject to one percent (1 %) or greater chance of flooding in any given year. Designation on maps always includes the Ietters A or V. Areas of special flood hazard shall include all areas previously identified within the areas of special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision (LOMR -F). FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (l'). Page 19 of 41 K Wlanning DeplTagle ApplicauonsLSUBSl2OM ogle Likes Sub p0dne MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water mark and is the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred (6,500) cubic feet per second (cfs) along the Boise River. Tributary waters within the city of Eagle will reference specific data establishing the water level. The mean high water mark is established by the U.S. army corps of engineers. NO ADVERSE IMPACT: Floodplain management where the action of one property owner does not adversely impact public property or other private property, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain management is a policy which provides a means to promote the use of retention /detention or other techniques to mitigate increased runoff from urban areas. RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width measured landward from the mean high water mark. • Eagle City Code, Section 10- 1 -8 -2: General Building Requirements: E. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a postconstruction elevation certificate (FEMA form 81 -31) referencing land and structures included or removed from the area of special flood hazard is required. All lots and structures removed from the area of special flood hazard by Ietter of map change require certification by a registered professional engineer demonstrating that the lot or structure is "reasonably safe from flooding ", as defined in section 10 -1 -5 of this chapter. The elevation certificate must verify the elevation of the Iowest floor or Iowest adjacent grade to be one foot (l') above base flood elevation. • EagIe City Code, Section 10- 1 -8 -5: Subdivisions: A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and D. Base flood elevation data shall be provided for subdivision proposals and other proposed development Iocated within any area of special flood hazard. (Ord. 332, 2- 23 -I999; and. Ord. 700A, 3 -11 -2014) E. All subdivision plats shall identify and designate the 100 -year floodplain boundary and the floodway boundary including a certification by a registered surveyor that the boundaries were established consistent with the FIRM map for the city of Eagle. All subdivision plats shall contain a note or notes that warn prospective buyers of property that sheet flooding can and will occur and that floods of greater magnitude may inundate areas outside identified floodway and floodplain boundary lines. F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25') setback from all waterways, caIIed the riparian zone, in which no improvement is permitted and require that riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank and that removal of trees or other vegetation is regulated. Page 20 of 41 K Tlnming DeoWagle AppliuiianiWEISUDISTagle lakes Sub p>idoc • Eagle City Code, Section 10- 1 -8 -6: Specific Standards: In all cases of special flood hazard where base flood elevation data has been provided as set forth in section i0 -1 -6 of this chapter, the provisions of this chapter shall be required: D. Floodways: Located within areas of special flood hazard established in section 10 -1 -6 of this chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectile and erosion potential, the following provisions apply: (Ord. 332, 2 -23 -1999, and Ord. 700A, 3 -11 -2014) 1. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless an approved floodplain development permit is issued demonstrating that encroachments shall not result in any adverse impacts during the occurrence of the base flood. 2. Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and uses within the floodway shall be restricted to those which are required by public necessity (for example, bridges; water pumps), recreational use (for example, paths), wildlife habitat improvements (for example, vegetation; nesting structures; pool /riffle improvements), and gravel extraction; provided that the use /encroachment meets the approval of the federal emergency management agency and national flood insurance program and does not jeopardize the city's participation in the national flood insurance program. 3. Subsection DI of this section shall comply with all applicable flood hazard reduction provisions of this section 10 -1 -8. 5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway line. Except that when the area of special flood hazard boundary is one hundred feet (100') or less from the floodway line, the boundary line shall be the setback line. 6. No development is permitted within the twenty five foot (25') setback from all waterways called the riparian zone and riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank, and removal of trees or other vegetation is regulated in accordance with this chapter. 7. For all subdivisions along the Boise River, prior written approval from Flood Control District 10 is required to protect access to the river for maintenance. 8. Compensating excavation in accordance with an engineered plan for orderly conveyance of floodwater, or equivalent mitigating measures may be performed in the floodway when certified by a registered professional engineer. Mitigation design shall include provisions to prevent relocation or diversion of flow paths from causing increased jeopardy to any off site property at any level of flooding from the 1 -year flood up to the base flood. Maintenance provisions for excavated areas prone to fill from sediment and other debris shall follow the requirements of subsection 9- 3 -2 -5C of this code for private streets. 9. In the design of public and private parks and open space areas, fixed structures or equipment that would impede floodwaters shall not be permitted within the floodway. Page 21 of 41 K \Planning Dcpt\Esgle ApplicstioWSUBS5- 015Tagle Lakes sub pddoc E. Riparian Areas: Located within areas of special flood hazard, established in section 10 -1 -G of this chapter, are areas designated as riparian areas. Since riparian areas provide critical flood management and fish and wildlife habitat, the following provisions apply: 1. Preservation or restoration of the inherent natural characteristics of the river and creeks within the floodplain; 2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and within the required minimum twenty five foot (25') setback or riparian zone; No development or other than development by the city of Eagle or required for emergency access shall occur within the twenty five foot (25') riparian zone with the exception of approved stream stabilization work. The Eagle city council may approve access to property where no other primary access is available. Private pathways and staircases shall not lead into or through the riparian zone unless deemed necessary by the Eagle city council. 4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a result of the work done; 5. New or replacement planting and vegetation shall include plantings that are low growing and have dense root systems for the purpose of stabilizing stream banks and repairing damage previously done to riparian vegetation. Examples of such plantings include: red osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bush sumac, beb's willow, drummond's willow, little wild rose, gooseberry, and honeysuckle. E. DISCUSSION: The applicant submitted a height exception request, building elevation, and permitted uses request, date stamped by the City on September 11, 2015. The building elevation shows the multi- family structures to be 40 -feet in height. The applicant is requesting a height exception to allow the multi - family structures to be constructed to a maximum of 40 -feet in height. The applicant is requesting a height exception to achieve the desired building elevations with garages located on the first level. The proposed building height of the multi - family structures should not exceed 40 -feet in height as shown on the submitted building elevations. The applicant is also requesting that the following uses be allowed as permitted uses: o Apartment o Multi - family dwelling o Daycare Center o Commercial Entertainment Facilities (Indoor and Outdoor) o Hotel o Nursing/Convalescent Home o Parking Lot, Parking Garage, Commercial o Retail Sales (General) o Retail Sales (Limited) o Storage (Enclosed Building) Staff is in agreement and recommends these uses be identified within the development agreement as permitted uses. Page 22 of 41 K Shooing Dept Eagle Application"UBS9:01 Mgle Lakes Sub pzf.dm • Pursuant to Eagle City Code Section 8- 6- 5- 5(A)(3), setbacks for modified lot sizes shall conform with the closest compatible base zone identified in Eagle City Code Section 8 -2 -4. The proposed setbacks as shown on the preliminary plat, date stamped by the City on July 22, 2015, reflects the following single - family residential lot setbacks: Front Facing Garage Living Space /Side Entry Garage Rear (Lots 7 -8, Block 4) (Lots 42 -46, Block 4) (Lots 49 -57, Block 4) Side 20 -feet 15 -feet 15 -feet 5 -feet 5 -feet 5 -feet 5 -feet (up to two [21 story) Pursuant to Eagle City Code Section 8 -2 -4, the following setbacks are required within the MU (Mixed Use): Front Rear Interior Side Street Side Maximum Lot Coverage 20 -feet 20 -feet 7.5 -feet (first story) /12.5 -feet (second story) 20 -feet 50% * A single - family dwelling that utilizes a side entry garage shall be permitted to have a 5 -foot reduction in the minimum required front yard setback provided that the distance in no less than 15 -feet within the MU zoning district. *Note: All front load garages shall be setback a minimum of 25 -feet from the back of sidewalk. Pursuant to Eagle City Code Section 8 -24 (G), front loaded garages are required to be setback 25 -feet from the back of sidewalk. The maximum lot coverage should be 50% as is required pursuant to Eagle City Code Section 8 -2 -4. The applicant has not addressed a street side setback for those lots located at the comers of an intersection. The area associated with the single - family dwellings contains two (2) lots that may be affected in regard to being on a corner. As proposed if a home were constructed facing one (1) street based on the five -foot (5') wide side setback the home would be located approximately five -feet (5') from the sidewalk. Also, the site is located within an Area of Special Flood Hazard (ASFH) and the applicant is proposing to raise the buildable padsites above the Base Flood Elevation (BFE) associated with the 1% chance floodplain area and grade the rear of the lots to allow for a beach area adjacent to the ponds. The preliminary plat, date stamped by the City on September 2, 2015, shows a Pond Cross Section identifying the building pad to be located between the area 20 -feet from the front property line and the top of the bank of the area gradually dropping to the pond. The rear setback for homes located adjacent to the pond should be 15 -feet or top of bank, whichever is greater. It is staffs opinion that the single - family residential setbacks should be as follows: Front 15 -feet (Front Loaded Garage 20 -feet) Rear 15 -feet or top of bank, whichever is greater (Lots 7 -8, Block 4) 5 -feet (Lots 42-46, Block 4) 5 -feet Page 23 of 41 K V'I"ng DcpllEaglc Appliuiion WRSUD 15T.A10c Laka Sub pzf doc (Lots 49 -57, Block 4) 5 -feet Side 5 -feet (up to two [21 story) Street Side Same as front All buildings shall be setback a minimum of 100 -feet from the floodway line. The preliminary plat, conceptual site plan, date stamped by the City on September 2, 2015, shows the multi- family dwellings to be separated a distance of approximately 20 -25 feet. The multi - family dwellings should be separated a minimum of 20 -feet. The applicant is not requesting a reduction of the required setbacks for the area associated with the multi - family dwellings, however, the buildings located adjacent Lot 3, Block 5, are shown to be adjacent to the property line. It is staffs opinion that the multi - family residential setbacks should be as follows: Front 20 -feet* Rear (south) 20 -feet Side (east) 20 -feet Interior Side (west) 7.5 -feet Structure separation 20 -feet Maximum coverage 50% *The structures located adjacent to the common lot adjacent to East Riverside Drive shall be 6 -feet from the common lot. All buildings shall be setback a minimum of 100 -feet from the floodway line. The preliminary plat, date stamped by the City on September 2, 2015, shows the typical private street section with a 28 -foot roadway section (measured from back of curb to back of curb) with a 18 -inch wide modified ribbon curb /gutter on one (1) side of the street and an 18- inch wide ribbon curb located on the opposite side of the street. The street section also shows a six -foot (6') wide landscape strip located on each side of the street. Pursuant to Eagle City Code Section 9- 3- 2- 5(13)(2), vertical curbing is required for streets less than 34 -feet in total width. Also, pursuant to Eagle City Code Section 94- 1- 6(F)(3), sidewalks shall be separated from the edge of the abutting roadway by a minimum eight foot (8') wide landscape strip. If the private streets are approved the applicant should provide a revised preliminary plat showing the private streets to be bordered by vertical curbing and an eight foot (8') wide planter strip located on each side of the street. If the planter strip is approved at six -feet (6') in width tree root barriers should be required for all street trees located within the planter strip. The revised preliminary plat should be provided prior to submittal of a final plat application. Plat note #2 of the preliminary plat, date stamped by the City on September 2, 2015, states, "Pressure irrigation will be supplied to each lot and designed in accordance with City of Eagle Pressure Irrigation Standards." The applicant should provide a revised preliminary plat with plat note #2 revised to read, "A pressurized irrigation system shall be constructed in accordance with the City of Eagle standards and shall be maintained and operated by the Eagle Lakes Subdivision Homeowners Association." The revised preliminary plat should be provided prior to submittal of a final plat application. Page 24 of 41 K Tlemmng Dept\Esole Application"URS12MIEsgie Likes Sub pxf.doc Plat note #6 of the preliminary plat, date stamped by the City on September 2, 2015, states, "Minimum building setbacks shall be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically approved in the development agreement or any subsequent modifications." The applicant should provide a revised preliminary plat with plat note #6 revised to read, "Minimum building setbacks shall be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically approved with the development agreement associated with RZ -10 -15 or any subsequent modifications." The revised preliminary plat should be provided prior to submittal of a final plat application. The General Notes shown on the preliminary plat, date stamped by the City are not sequentially numbered from plat note # 11 on. The second plat note # 11 states, "ponds at Lots 1 and 12, Block 5, shall have a blanket easement to 15' beyond the high water mark for the purposes of pond and vegetation maintenance." The preliminary plat shows the ponds are located within Lots 1 and 9, Block 5. The applicant should provide a revised preliminary plat with the General Notes sequentially numbered and the second plat note #11 (as identified on the preliminary plat, date stamped by the City on September 2, 2015) revised to read, "Ponds at lots 1 and 9, Block 5, shall have a blanket easement to 15' beyond the high water mark for the purposes of pond and vegetation maintenance." The revised preliminary plat should be provided prior to submittal of a final plat application. Plat note #12 of the preliminary plat, date stamped by the City on September 2, 2015, states, "Emergency ingress/egress shall be paved 20' in width. The emergency access bridge shall be 20' wide." Although the preliminary plat indicates where the location of the emergency access the plat note does not identify the lot and block associated with the emergency access. The preliminary plat also does not identify an easement associated with the emergency access. The applicant should provide a revised preliminary plat identifying a 20 -foot wide emergency vehicle access easement on Lot 25, Block 4. The revised preliminary plat should contain a revised plat note #12 that states, "Lot 25, Block 4, contains a 20' wide emergency vehicle ingress/egress access." The revised preliminary plat should be provided prior to submittal of a final plat application. Plat note #15 of the preliminary plat, date stamped by the City on September 2, 2015, states, "All single family residential lots shall have a 12' public utility, pressure irrigation and drainage easement adjacent to all front lot lines and a 5' public utility and drainage easement adjacent to all side lot lines. No easement proposed on rear lot lines." Pursuant to Eagle City Code Section 9 -3 -6, utility easements are required adjacent to all front, rear, and side lot lines. All of the single - family lots are bordered by common lots with the exception of Lots 47 and 48, Block 5 which are bordered by other buildable lots. To provide for rear utility easements associated with the single- family residential lots the applicant should provide a revised preliminary plat with plat note #15 revised to read, "All single- family residential lots shall have a 12' public utility, pressure irrigation and drainage easement adjacent to all front lot lines and a 5' public utility and drainage easement adjacent to all side lot lines. Lots l and 9, Block 5, shall have a 12' wide public utility and drainage easement located adjacent to the rear lot lines of the single- family residential lots. Lots 47 and 48, Block 4, shall have a 5' wide public utility and drainage easement located adjacent to the rear property line." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #16 of the preliminary plat, date stamped by the City on September 2, 2015, states, "All multi- family and commercial lots will have a public utility, drainage, and irrigation easement located within the private roadway. Easements at side and rear lots will be noted in the development agreement." Typically easements are identified on plats and not within a development agreement since a development agreement is associated with the rezone. The Page 25 of 41 K V'WrOig pa TA-"e AFFIicatioosWRSM I SWag[e Lakcs Sub pzf doc applicant should provide a revised preliminary plat with plat note #16 revised to read, "All multi - family and commercial lots shall have a blanket public utility, drainage, and irrigation easement located within the private roadway. Side and rear lot line easements shall be identified on the final plat." The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat, date stamped by the City on September 2, 2015, delineates several areas located within the site that have overhead power lines. Pursuant to Eagle City Code Section 9- 4-1-8, underground utilities are required. All overhead utilities on the site should be removed and /or placed underground prior to the City Clerk signing the final plat. The proposed development is located adjacent to the Boise River. Pursuant to Eagle City Code Section 10 -1 -5, the area along the banks of any waterway 25 -feet in width measured landward from the mean high water mark. Also, pursuant to Eagle City Code Section 10- 1- 8 -5(F), all subdivision plats should contain plat note(s) in regard to the riparian zone and what improvements may be permitted. The applicant should provide a revised preliminary plat with a new plat note that states, "There shall be a 25' wide riparian zone easement measured landward from the mean high water mark landward in which no improvement is permitted and require that riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank and that removal of trees or other vegetation is regulated." The revised preliminary plat should be provided prior to submittal of a final plat application. The preliminary plat, date stamped by the City on September 2, 2015, shows a Flood Control access point located at the terminus of the drive aisle providing access to the multi- family dwelling. The preliminary plat does not delineate a Flood Control District easement nor has a plat note in regard to an access point for the Flood Control District. Pursuant to Eagle City Code Section 10- 1- 8- 6(13)(7), all subdivisions located along the Boise River must have written approval from Flood Control District No. 10 to protect the access to the river for maintenance. The Flood Control District No. 10 approval must be provided prior to approval of the final plat. The applicant should provide a revised preliminary plat showing a Flood Control District No. 10 access easement located within the drive aisle of the multi - family dwellings prior to submittal of a final plat application. The applicant should also provide written approval of the proposed Flood Control District No. 10 access point prior to submittal of a final plat application. The preliminary plat, date stamped by the City on September 2, 2015, delineates the Floodway Boundary (2003) as being located within 100 -feet of to two buildable lots (Lots 39 and 40, Block 4) and one of the proposed multi - family dwelling units. Pursuant to Eagle City Code Section 10- 1- 8- 6(D)(5) all buildings shall be setback a minimum of 100 -feet from the floodway line. A condition of development should be placed in the development agreement that all buildings should be setback a minimum of 100 -feet from the floodway line as identified on the Flood Insurance Rate Map (FIRM) associated with the site. The site previously had a residential dwelling located on the lot which was served by an individual well and septic system. The preliminary plat, date stamped by the City on September 2, 2015, also shows a well located in proximity to the northeast comer of the property. It is unknown if either the individual wells or septic system were ever abandoned. The applicant should be required to provide documentation from Central District Health Department indicating the individual well and septic system previously located on the site were properly abandoned. The documentation should be provided prior to the City Clerk signing the final plat. Page 26 of 41 K 1Flanning DeplTisgle AppUcanonsLSUBS129151Ea1Oe Lakes Sub pddoc The preliminary plat, date stamped by the City on September 2, 2015, shows a shared access driveway located within a common lot (Lot 2, Block 4) providing access to two buildable lots (Lots 3 and 4, Block 4). Pursuant to Eagle City Code Section 9 -1 -6, common area open space is land within a development not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development. In this case the driveway located within the common lot is intended only for the use and enjoyment of the property owners of Lots 3 and 4, Block 4. The applicant should provide a revised preliminary plat showing the shared driveway providing access to Lots 3 and 4, Block 4, to be located on a lot separate from the common lot (Lot 2, Block 4). The revised preliminary plat should be provided prior to submittal of a final plat application. The preliminary plat, date stamped by the City on September 2, 2015, shows Private Road "B" west of Private Road "A" and has 14- residential lots located adjacent to it and terminates with a hammerhead style of turnaround. The preliminary plat also identifies the turnaround to be located within an easement for emergency vehicle turnaround. Portions of the easement and the turnaround are also located within two (2) building lots (Lots 40 and 42, Block 4) and encroach into Lot 42, Block 4, approximately 30 -feet in length. Also, due to the legs of the turnaround being located within the buildable lots it would be difficult to enforce no parking with the turnaround area. Pursuant to Eagle City Code 9- 3- 2 -1(G), cul -de -sacs are required to terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. Pursuant to Eagle City Code Section 9- 3- 2- 1(G)(1), alternative types of cul-de-sacs. which will provide access to less than thirteen (13) dwelling units may be permitted by the city if approved by the fire department and the highway district having jurisdiction. The applicant should be required to provide a revised preliminary plat showing a cul -de -sac as required pursuant to Eagle City Code Section 9- 3- 2 -1(G) located at the western terminus of Private Road `B" (as shown on the preliminary plat, date stamped by the City on September 2, 2015) or show no more than 12- buildable lots located adjacent to Private Road "B" west of the intersection of Private Road "A ". The revised preliminary plat should be provided prior to submittal of a final plat application. The preliminary plat, date stamped by the City on September 2, 2015, shows covered and non - covered parking located within the multi - family units area (Block 5). The applicant did not provide a parking analysis for the multi - family units based on the number of bedrooms, therefore, it is unknown if sufficient parking is being provided pursuant to Eagle City Code. The applicant provided email correspondence dated September 14, 2015, indicating they are proposing a parking ratio of 1.85 spaces /unit in the northern development area and 1.80 spaces /unit in the southern development area. The preliminary plat does not differentiate the northern development area from the southern development area. Pursuant to Eagle City Code Section 8 -4 -5, apartments with two (2) or more bedrooms are required to have 2.25 spaces (including one [1] covered]) /unit inclusive of guest parking. Apartments with one (1) bedroom are required to have 1.75 spaces (including one [1] covered) /unit inclusive of guest parking. The applicant has not provided sufficient information in regard to the breakdown of multi- family units in regard to number of bedrooms /unit and the number of parking spaces being provided, therefore, the number of required parking spaces cannot be determined to date. Also, without the breakdown, staff cannot determine the number of parking spaces that would be required pursuant to the applicant's request. Therefore, the applicant should be required to provide a parking analysis for the multi - family units and the commercial buildings at the time of submittal of a design review application. Page 27 of 41 K Oannmg Dg9TAgle Applicaxionz�SLMSUOI STA& Laka Sub pzUoe The preliminary plat, date stamped by the City on September 2, 2015, does not show a sidewalk located on the west side of South Ancona Avenue south of East Riverside Drive. Pursuant to Eagle City Code Section 94- 1- 6(F)(1 and 3) separated sidewalks are required on both sides of the street. Based on the alignment of South Ancona Avenue on each side of East Riverside Drive and the proximity of the western property line the applicant should be required to provide a revised preliminary plat showing a five -foot (5') wide attached sidewalk located on the west side of South Ancona Avenue south of East Riverside Drive. The preliminary plat, date stamped by the City on September 2, 2015, shows three (3) gated entries (private). The gated entries may pose an access problem in the event emergency services may be responding for an emergency situation located within the gated areas. The applicant should be required to install emergency vehicle actuator devices on the private entry roadway gates, with the type of actuator device to be approved by the City of Eagle Police Department and the Eagle Fire Department. The preliminary plat, date stamped by the City on September 2, 2015, shows the project consisting of six (6) phases. The applicant has not provided a time schedule indicating the timing of construction of the six (6) phases. The proposed Boise River 10' Paved Regional Pathway (Public Access) (as identified on the preliminary plat) is located within the Phase 5 area and the 10' sidewalk located adjacent to State Highway 44 is located within the Phase 6 area. The applicant should be required to construct the 10 -foot wide regional greenbelt path located adjacent to the Boise River and the 10 -foot wide sidewalk located adjacent to State Highway 44 during the development of Phase 1. The Boise River regional pathway located adjacent to the Boise River and the sidewalk located adjacent to State Highway 44 should be located in a recorded easement or easements dedicated and accepted by the City of Eagle. The preliminary plat, date stamped by the City on September 2, 2015, identifies an eight foot (8') wide micropath providing pedestrian access throughout the development and connection to the regional pathway located adjacent to the Boise River. The preliminary plat does not identify any public access (through the development) to the regional pathway. The applicant should provide a revised preliminary plat showing public pedestrian and bicycle access to the paved regional pathway along the Boise River. The public pedestrian and bicycle access should be reviewed and approved by the Eagle Parks and Pathway Development Commission prior to submittal of a Design Review application. The revised preliminary plat should be submitted prior to submittal of a Design Review application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested rezone with development agreement in lieu of a PUD and preliminary plat with conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on September 21, 2015, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant/ representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by three (3) individuals who voiced concerns about development being Page 28 of 41 K \pluming DeplTagle ApplicatiarWSUW201 SkEagle Laken Sub pz'doe proposed to be located adjacent to the Idaho Concrete Company property located east of the subject site. The individuals indicated that Idaho Concrete Company stores crystal silica sand on their site which may pose a health hazard caused by fugitive dust from the stored silica sand. One (1) of the individuals indicated that St. Lukes Hospital has an environmental team looking into the possibility that the fugitive dust from the stored crystal silica sand may be a health hazard. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • The site is designated Mixed Use in the Comprehensive Plan which allows for higher density development. • The proposed project will be a great addition to the city based on the architecture of the proposed structures and the site design. • The site is a good location for a project containing a mix of uses including multi- family dwellings. • The proposed architecture of the multi - family dwellings and clubhouse is remarkable. • The Commission appreciates the applicant's willingness to work with the city to address any issues the city may have regarding the project. • The Commission has concerns with the project being constructed adjacent to the Idaho Concrete Company operation located to the east of the proposed development due to the industrial use. • The Commission has a concern regarding the height exceptions, however, they support the requested height exception of 41 -feet based on the architecture and the garages being located on the first level of the multi - family structures. • The Commission has a concern that the public may want to use the lake area which will have an impact on the residents of the development. • The Commission encouraged the developer to work with the neighbors in proximity to the area regarding possible health concerns caused by fugitive dust associated with Idaho Concrete Company as testified to by the adjacent neighbors. • The Commission has a concern regarding the maintenance of the multi- family units and the private drive aisles and private streets. COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT IN LIEU OF A PUD: The Commission voted 5 to 0 to recommend approval of RZ -10 -15 for a rezone from MU (Mixed Use) to MU -DA (Mixed Use with development agreement in lieu of a PUD) for Pacific Partners Residential with the following staff recommended conditions of development to be placed within a development agreement with underline text to be added by the Commission and strike through text to be deleted by the Commission: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and /or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. Page 29 of 41 K Tlanning Dept\Esgle ApplicationASUBS12015TsWe Lakes Sub pxf doe However, the residential portion of this development proposal is recognized by Eagle and Owner as a desired component to a mixed use development. A residential component of similar size and area to that depicted in the Concept Plan with the provisions and allowances contained herein, shall be maintained. 3.3 The total number of residential units on the Property shall not exceed 301 -units in the aggregate. Development of the residential portion of the Property will be permitted through the Design Review process and future conditional use permits for the residential development will not be required. 3.4 The Setbacks shall be as follows: Single- family residential setbacks shall be as follows: Front 15 -feet (Front Loaded Garage 20 -feet) Rear 15 -feet or top of bank, whichever is greater (Lots 7 -8, Block 4) 5 -feet (Lots 42 -46, Block 4) 5 -feet (Lots 49 -57, Block 4) 5 -feet Side 5 -feet (up to two [2] story) Street Side Same - as- f;9at -10 -feet — vehicle access shall be prohibited All buildings shall be setback a minimum of 100 -feet from the floodway line. Multi- Family dwelling setbacks shall be as follows: Front 20 -feet* Rear (south) 20 -feet Side (east) X912 -feet Interior Side (west) 7.5 -feet Structure separation 20 -feet Maximum coverage 50% *The structures located adjacent to the common lot adjacent to East Riverside Drive shall be 6 -feet from the lot line associated with the common lot. All buildings shall be setback a minimum of 100 -feet from the floodway line. The setbacks for the multi-family units shall be based on the multi-family boundm area and not on interior lot lines. All single family residential structures shall require Architectural Control Committee (ACC) approval prior to the issuance of any building permits to assure that the homes are designed to be compatible and consistent with the "Craftsman" theme of the development. 3.5 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a combination of any office and commercial uses allowed within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations" under the MU zoning designation (except as permitted in Section 3.6, below). 3.6 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Mixed Use District land uses allowed by the Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations ", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. Page 30 of 41 K Tlannmg Depl\Eagle App cetiosn15 M201REsSle lakes Sub p0doe All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the MU zoning designation shall require a conditional use permit, except that the residential portions of the Property described in Section 3.3 shall not require a conditional use permit. The following uses which are shown as "C" conditional uses under the MU zoning designation within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations," shall be permitted uses on the Property: • Apartment • Multi- family dwelling • Daycare Center • Commercial Entertainment Facilities (Indoor and Outdoor) • Hotel • Nursing/Convalescent Home • Parking Lot, Parking Garage, Commercial • Retail Sales (General) • Retail Sales (Limited) • Storage (Enclosed Building) In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: • Residential, Mobile Home (Single Unit); • Residential, Mobile Home (Single Unit Temporary Living Quarters); • Residential, Mobile Home Park; • Adult Business; • Automotive washing facility; • Cemetery; • Circuses and Carnivals; • Drive-in Theatre; • Equipment Rental and Sales Yard; • Kennel; • Nursery, plant materials; • Riding Academies /Stables; ■ Small Engine Repair; ■ Storage (fenced area); 3.7 The proposed building height of the multi - family structures shall not exceed 4041 -feet in height as shown on the submitted building elevations. 3.8 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC &Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. Page 31 of 41 K %Pluming bepiTagle App_Wir.rW_9 8S%2C' °Tag1e lakes Sub pifo ..:. (b) A requirement for all fencing located adjacent to open space to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited. (c) Parking shall only be allowed in the designated parking areas or in the garage units of the multi- family residential units. (d) A maintenance manual for the drive aisles requiring the association(s) shall have the duty to maintain and operate all of the drive aisles providing access to the multi - family residential units including the repair and replacement of asphalt and sidewalks. (e) A requirement that In the event any of the CC &Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC &Rs are subject to all rules, regulations, laws and ordinances of all applicable govemment bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC &Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. In the event attached sidewalks are proposed to be located adjacent to the private streets Owner shall install street trees within the front yard at the comers of each lotto be located behind the sidewalk 3.9 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Conceptual Plan with the requirements set forth in this Development Agreement. Specific design elements shall be clarified during the platting and design review application processes. However, the streetscape as shown on the concept plan (center landscape islands, street trees, pool, poolhouse, and, children's play areas) shall be required design elements as part of the final design for the site. 3.10 The applicant's property shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Applicant shall provide proof of central sewer service to the proposed residential and commercial uses. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. 3.11 The development is to incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables, etc.). 3.12 The single - family dwellings shall be constructed utilizing "Craftsman" style architecture as shown on Exhibit D. The multi- family dwellings shall be constructed utilizing "Craftsman" style architecture as shown on Exhibit E. Commercial /retail buildings, multi - family residential buildings, and pool house shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial /retail buildings, multi - family residential units, pool house, pumphouse for irrigation, and gazebos. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CCR &S. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC &R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. Page 32 of 41 K ~Flaming DeptTagic Applia60o1\SMS\2015TA9k lAcs Sub pxf doc The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting. 3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, fire pits, and /or similar amenities, 7) design of ponds to be constructed in reference to mosquito abatement. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.15 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal of a final plat application. 3.16 Provide written approval from the Boise River Flood Control District No. 10 of the proposed access point prior to submitting a final plat application. 3.17 All buildings shall be setback a minimum of 100 -feet from the floodway line as identified on the Flood Insurance Rate Map (FIRM) associated with the site. 3.18 Provide a revised preliminary plat showing public pedestrian and bicycle access to the paved regional pathway along the Boise River. The public pedestrian and bicycle access shall be reviewed and approved by the Eagle Parks and Pathway Development Commission prior to submittal of a Design Review application. The revised preliminary plat shall be submitted prior to submittal of a Design Review application. 3.19 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9- 4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the Property located adjacent to the Boise River. The pathway shall be constructed concurrently with Phase No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway shall be approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The asphalt pathway shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9- 4- 1 -6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any pathways approved by Eagle, development within the Floodway and the open space area between the development and the Boise River shall be prohibited. Page 33 of 41 K Wlanning Dep1TAWe ApplicalionASllBSUOISTagle Lakes Sub pddoc 3.20 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9- 4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located adjacent to State Highway 44. The public sidewalk shall be constructed concurrently with Phase No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway shall be approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The public sidewalk shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9- 4- 1 -6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the public sidewalk is located. 3.21 Owner shall provide a parking analysis for the multi- family units and the commercial buildings at the time of submittal of a design review application. 3.22 The parking ratio for the multi - family residential units shall be 1.85 spaces /unit for the northern development area and 1.80 s aces /unit for the southern development area as shown on Exhibit E. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of PP -07 -15 for a preliminary plat for Eagle Lakes Subdivision for Pacific Partners Residential with the following staff recommended conditions of development to be placed within a development agreement with underline text to be added by the Commission: 1. Comply with all conditions within the development agreement for rezone application RZ- 10 -15. 2. Comply with all requirements of the City Engineer. 3. Comply with all conditions of the floodplain development permit FPDP- 01 -15. 4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat. (ECC 9- 2- 3[C][3][1]) 5. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404 - Permit prior to submittal of a final plat application. Should a 404 - Permit be required a copy of the final approval from the Army Corps of Engineers shall be required prior to submittal of a final plat application, (ECC 10- I- 9[A][2][c]) 6. The applicant shall provide a revised preliminary plat showing public streets. If the City Council approves the proposed private streets the applicant shall provide a revised preliminary plat which contains a plat note that a) conveys to each lot owner within the subdivision to be served by the private streets the perpetual right of ingress and egress over the described private street, b) provide that such perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the city. The revised preliminary plat shall be provided to the City prior to submittal of a final plat application. (ECC 9- 3- 2- 5[C][2]) 7. If the private streets are approved the applicant shall provide a revised preliminary plat showing the private streets to be bordered by vertical curbing and an eight foot (8') wide planter strip located on each side of the street. If the planter strip is approved at six -feet (6') in width tree root barriers shall be required for all street trees located within the planter strip. If attached sidewalks are proposed the applicant shall be required to install street trees within the front yard at the corners of each lot to be located behind the sidewalk. The landscape plan shall be reviewed and approved by the Design Review Board. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9- 3- 2- 5[B][2]) 8. Install emergency vehicle actuator devices on the private entry roadway gates, with the type of actuator device to be approved by the City of Eagle Police Department and the Eagle Fire Department. Page 34 of 41 K Tlannmg DepITAgle AppliafionskSLMSUDI$\Eagle [.akes Sub prfdoc 9. Provide a revised preliminary plat with plat note #2 revised to read, "A pressurized irrigation system shall be constructed in accordance with the City of Eagle standards and shall be maintained and operated by the Eagle Lakes Subdivision Homeowners Association." The revised preliminary plat should be provided prior to submittal of a final plat application. (ECC 94- 1- 9[C][1]) 10. Provide a revised preliminary plat with plat note #6 revised to read, "Minimum building setbacks shall be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically approved with the development agreement associated with RZ -10 -15 or any subsequent modifications." The revised preliminary plat shall be provided prior to submittal of a final plat application. 11. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9- 4 -1 -8) 12. Provide a revised preliminary plat with the General Notes sequentially numbered and the second plat note #I l (as identified on the preliminary plat, date stamped by the City on September 2, 2015) revised to read, "Ponds at Lots I and 9, Block 5, shall have a blanket easement to 15' beyond the high water mark for the purposes of pond and vegetation maintenance." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9- 4- 1- 9[C][1 ]) 13. Provide a revised preliminary plat with plat note #15 revised to read, "All single- family residential lots shall have a 12' public utility, pressure irrigation and drainage easement adjacent to all front lot lines and a 5' public utility and drainage easement adjacent to all side lot lines. Lots l and 9, Block 5, shall have a 12' wide public utility and drainage easement located adjacent to the rear lot lines of the single - family residential lots. Lots 47 and 48, Block 4, shall have a 5' wide public utility and drainage easement located adjacent to the rear property line." The revised preliminary plat should be provided prior to submittal of a final plat application. (ECC 9 -3 -6) 14. Provide a revised preliminary plat with plat note #16 revised to read, "All multi - family and commercial lots shall have a blanket public utility, drainage, and irrigation easement located within the private roadway. Side and rear lot line easements shall be identified on the final plat." The revised preliminary plat should be provided prior to submittal of a final plat application. 15. Provide a revised preliminary plat with a new plat note that indicates, "There shall be a 25' wide riparian zone easement measured landward from the mean high water mark landward in which no improvement is permitted and require that riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank and that removal of trees or other vegetation is regulated." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 10- 1 -8 -5) 16. Provide a revised preliminary plat showing a Flood Control District No. 10 access easement located within the drive aisle of the multi- family dwellings prior to submittal of a final plat application. (ECC 10- 1- 8- 6[D][7]) 17. Provide a revised preliminary plat showing the shared driveway providing access for Lots 3 and 4, Block 4, to be located on a lot separate from the common lot (Lot 2, Block 4). The revised preliminary plat should be provided prior to submittal of a final plat application. (ECC 9 -1 -6) 18. Provide a revised preliminary plat showing a cul -de -sac as required pursuant to Eagle City Code Section 9- 3- 2 -1(G) located at the western terminus of Private Road "B" (as shown on the preliminary plat, date stamped by the City on September 2, 2015) or show no more than 12- buildable lots located adjacent to Private Road "B" west of the intersection of Private Road "A ". The revised preliminary plat should be provided prior to submittal of a final plat application. Page 35 of 41 K,Tlanning DepAlixgle ApplicationASUBSU013TIagle Cakes sub pddoe 19. Provide a revised preliminary plat showing a five -foot (5') wide attached sidewalk located on the west side of South Ancona Avenue south of East Riverside Drive. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9- 4- 1- 6[F][1]) 20. Provide a revised preliminary plat with a new plat note that indicates, "Any re- subdivision of this plat shall comply with the applicable zoning regulations, subdivision regulations, development agreement associated with RZ -10 -15 and any subsequent modifications in affect at the time of the re- subdivision." The revised preliminary plat shall be provided prior to submittal of a final plat application. 21. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located on -site. Upon removal the applicant shall provide documentation from Central District Health Department indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the final plat. 22. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 23. Provide documentation from Central District Health Department indicating the individual wells located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 24. The Eagle Lakes Subdivision shall remain under the control of one Homeowners Association. CONCLUSIONS OF LAW: The Commission reviewed the particular facts and circumstances of this proposed development agreement (RZ- 10 -15) with regard to Eagle City Code Section 8 -7 -5 "Action by the Commission and Council ", and based upon the information provided concludes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the BP (Business Park) zone and land use to the north since State Highway 44 separates this development from the properties located north of the state highway; d. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the RP (Rural Preservation — Ada County designation) zone and land use to the south since the development is bordered on the south by the Boise River; e. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the MU (Mixed Use) zone and land use to the east since the parking garages associated with the multi- family units and proposed landscaping adjacent to the eastern boundary will provide a buffer to the property located east of the proposed development. Upon cessation of the current use on the property the property may be developed with a similar use in the future; Page 36 of 41 K Vlanning Dgg\Eagle ApplwationASUBSU01 Slagle Lakes Sub p0doc £ The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the west since that area is being developed in a similar manner; g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan and the applicant has submitted the required documentation and applications to address the city's concerns regarding development within those areas; h. No non - conforming uses are expected to be created with this rezone since the existing residential dwelling along with the septic system and potable well are required to be removed during the development of the project. 2. The Commission reviewed the particular facts and circumstances of this proposed development agreement in lieu of a PUD, and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The proposed time schedule for development of the site will take place in late winter and the spring of 2016. Subsequent phases will be developed based upon market demand at approximately one (l) phase per year. b. Provide documentation to show that you have sufficient control over the land, and the financial means, to initiate the proposed development plan within one year after City Council approval. The owner and Pacific Partners Residential have entered into a purchase agreement contingent upon receiving entitlements for the project from the City of Eagle. Upon receiving approvals from the city Pacific Partners Residential will execute the purchase agreement and solely own the property. c. That the proposed development is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community because; The proposed Eagle Lakes Subdivision is a continuation of a comprehensive planning effort completed by the City when the property was originally zoned MU (Mixed Use). The goals of the City of Eagle have included areas of increased residential density, up to 20 units per acre, commercial development, and connectivity to the parks and river trail system. This development is consistent with that plan and harmonious with the existing neighboring use to the west. The proposed luxury apartments provide a housing alternative for professionals who want to rent and live in Eagle. The location is well connected to existing commercial areas of the city and is proposed to include additional commercial lots. The development will provide an additional boost to the local economy. d. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area because; The proposed development is consistent with previously approved developments west of the site and with the City's Comprehensive Plan for this area. Riverside Drive will be extended through the site to provide access for businesses and residents separate from State Highway 44. The existing ponds on site will be retained and improved as an amenity to the development. The riparian area will be left in its natural state for continued enjoyment by the residents of Eagle. The apartments will be designed to be architecturally compatible with the River District. Page 37 of 41 K Tl"ng UeplTagle ApplicatonaLSUBSU015WASk Lakes Sub pzf dm e. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; Nearly half the site will be retained as open space for ponds, green spaces, pathways and riparian habitat. Adequate on -site parking will be provided for the multi - family and commercial areas and landscape buffers will separate conflicting uses. The single - family lots have been strategically placed on the western property boundary to ensure compatibility with planned uses for the adjacent property. The commercial area is a continuation of commercial development already approved along Riverside Drive. f. That the development does not involve uses, activities, processes, materials, equipment, and /or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Anticipated traffic and noise levels are consistent with this type of development and neighboring communities along Riverside Drive. A traffic impact statement has been provided to ACHD and ITD that will be considered during their reviews. Motorized uses on the ponds that could generate fumes or odors will be prohibited. The commercial lots are proposed with uses that are similar to those approved for the adjacent properties. g. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools because; The tax revenue generated from residents and businesses within Eagle Lakes Subdivision will offset additional costs to public services that will serve this development. ACHD, ITD, Eagle Fire, Eagle Sewer District, and Eagle Water Company have reviewed the proposed development and indicate that capacity exists to adequately serve this development. h. That the development will not create excessive additional requirements at public cost for public facilities and services because; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water or highway district. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. Riverside Drive will be extended through the site. Private drive aisles and streets will serve the multi - family and single - family portions of the site with utilities extended to all the dwelling units. i. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal because; Nearly half the site will be dedicated as open space with two large ponds for non - motorized boaters, swimming, and general use and enjoyment by residents. The vast majority of this site is within the Boise River floodplain and will be developed in accordance with Eagle City Code Title 10, Flood Control and FEMA requirements regarding floodplain development. The portion of the site located in the floodway will be left in its native riparian state with greenbelt improvements that will provide access along the river to the public. Page 38 of 41 K.%Planning DeptMagia AppiicaiitmalSUBSQOISXFagle Lakes sub pzfdoc j. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from East Riverside Drive (urban collector), Ancona Avenue and a public street providing access from State Highway 44 at the eastern property boundary. With the exception of Riverside Drive and Ancona Avenue the interior streets will be private and will be constructed in conformance with standards pursuant to Eagle City Code. k. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; Historically, this site has been subject to heavy industrial use as a gravel extraction pit. Ponds generated by extraction will be retained and improved to provide an amenity to the proposed development. The scenic riparian area located near the Boise River will be left in its natural state for continued enjoyment by the public. I. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because; The proposed development is in accordance with the Comprehensive Plan since the plan calls for Mixed Use for the overall development. The floodway area will be maintained in its natural state. m. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; This application requests approval for a development agreement in lieu of a PUD as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the development will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review. The proposed development will include a mix of commercial, multi - family, and single - family development areas. n. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations because; The development provides a mix of single - family, multi - family, and commercial uses. The residential portions of the development will be served by private drive aisles and private streets to facilitate a specific housing product that is in high demand in Eagle. o. Provide an estimate of the public service costs to provide adequate service to the development. The water, sewer, and roadways will be constructed and funded by the developer. The infrastructure necessary to serve this property with fire, police, and other public services already exists. The revenue generated from taxes will cover the additional manpower necessary to serve this property once developed. The public services that will be provided to the development include the following: Fire The project is located within the Eagle Fire District. Police The project will be served by the Eagle Police Department. Water The project is located within the Eagle Water Company's certificated area. There are two Eagle Water Company wells located adjacent to the property. Page 39 of 41 K Tlanning DtoTagle Applip600ASUBSUDWEAgle t.Aes Sub pif doc Sewer The project will be required to annex into the Eagle Sewer District and comply with the requirements of the Eagle Sewer District. Road Construction The construction of all interior roads and improvements of East Riverside Drive, Ancona Avenue, and Pacific Street will be completed by the developer. Upon completion the roads will be dedicated to ACHD. The private streets and private drive aisles will also be constructed by the developer. Parks and Open Space The development will contain over 50% of passive and active open space providing residents a variety of recreation options from which to choose. A system of public and private pathways will provide pedestrians with a safe and efficient way to move throughout the property. Maintenance The maintenance of any private open space areas will be regulated by the Eagle Lakes Subdivision Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water systems will be publicly owned and maintained once installed. Schools The residents of Eagle Lakes Subdivision are located in the West Ada School District boundaries. The estimate of the public service costs to provide adequate services to the development p. Provide suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. Because the developer provides the services in the initial stages of the development the public service providers avoid potential liability and expenses. q. The estimated tax revenue generated to the City of Eagle from the development is approximately $596,850.001year (without Homeowner's Exemption). 3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP- 07 -15) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The requested preliminary plat complies with the approved zoning designation of MU -DA (Mixed Use with a development agreement). b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan Land Use Map designation of Mixed Use and provides the required improvements for a subdivision or as may be conditioned herein; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area and because this site will be designed in accordance with the requirements of the proposed development agreement modification, standards of Eagle City Code and the Eagle Architecture and Site Design book (EASD). The Commission determined the height exception to 41 -feet should be granted since the buildings overall architecture is enhanced by the higher roofline and the enclosed garage units on the first floor allows for additional parking. The design and architecture of the proposed multi- family dwellings are required to be reviewed and approved by the Design Review Board prior to construction; Page 40 of 41 K Tlinning DepAEsSle ApplieationaUBSL0I ST&gle lAkm Sub pzf duc d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with central sewer from the Eagle Sewer District and will use public water to be served from Eagle Water Company. Fire protection will be available from the Eagle Fire Department and fire hydrants will be provided where required; e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved by the Ada County Highway District and is subject to the conditions herein; f. While there is no capital improvement program, the developer is required to install public improvements as conditioned herein, or are expected to be installed with the development of individual lots as conditions of approval; g. That based upon agency verification and additional written comments provided, or as conditioned herein, there is adequate public financial capability to support the proposed development; h. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of the preliminary plat and subsequent final plat approval as set forth within the conditions of approval herein. DATED this 51h day of October, 2015 PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho �•,�•� OF EAC <••• Trent Wright, Chairman $� �Q Ar ATTEST: * v +•dw leo sic. o �'. '1r rkrl lKnrV P*41F Sharon K. Bergmann, Eagle City 'lerk PE OF•`' Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis. Page 41 of 41 K }Planning DepOEsgle AppliutionsWUSUG I SEagle Lakes Sub pxf dot